Somasundaram, J.-This is a reference by the District Magistrate (Judicial) of South Arcot. The reference is made under the following circumstances. On 31st December, 1955, at about 10-30 p.m. there was a prohibition raid in a place called Vinayagapuram, hamlet of Adanur village in South Arcot district. The raid was conducted by the Head Constable of Thambur outpost with the aid of two constables and two mahazar witnesses. The accused was caught red-handed while distilling arrack. M. Os. 1 to 7 were seized. They included utensils and other vessels used for distilling arrack and fermented wash. The accused was also arrested and sent to the Sub-Inspector of Police at Kanjanoor within whose limits the offence took place with a special report by the Head Constable who conducted the raid. The Head Constable at Kanjanoor police station who received the accused as also the report and the material objects seized during the raid from the Head Constable of Thambur, registered a case in Crime No. 1 of 1956 under section 4(1)(b) of the Madras Prohibition Act and investigated the case. The Sub-Inspector of Police supervised investigation and filed a charge-sheet. The case was taken on file by th

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